Regulation 7 Amendment of the Environmental Permitting (England and Wales) Regulations 2010

(1)

The Environmental Permitting (England and Wales) Regulations 2010 M1 are amended as follows.

(2)

In regulation 3 (interpretation: Directives)—

(a)

for the definition of “the Waste Framework Directive”M2, substitute—

““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”;

(b)

for the definition of “the WEEE Directive”, substitute—

““the WEEE Directive” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE).”.

(3)

In Part 1 of Schedule 3 (exempt facilities: descriptions and conditions)—

(a)

in paragraph 1 of chapter 1—

(i)

in sub-paragraph (1), at the appropriate place insert—

““List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”;

(ii)

for sub-paragraph (2), substitute—

“(2)
In this Part, a six digit code used to refer to a waste is a reference to the waste specified by the six digit code in the List of Wastes except insofar as the waste in this Part in relation to such a code does not include some of the types of waste specified by the code in the List”;

(b)

in section 2 of chapter 3—

(i)

in paragraph 1—

(aa)

in sub-paragraph (3)(e), for “dangerous substance”, substitute “ hazardous substance ”;

(bb)

for sub-paragraph (5), substitute—

“(5)
In this paragraph, “hazardous substance” means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures M3.”;

(ii)

in the second column of the row beginning “160504*” in the table at sub-paragraph (2) of paragraph 15, for “dangerous substances”, substitute “ hazardous substances ”;

(c)

in section 2 of chapter 5, in the second column of the row beginning “150202*” in the table at sub-paragraph (2) of paragraph 1, for “dangerous substances”, substitute “ hazardous substances ”.

(4)

In Schedule 12 (waste electrical and electronic equipment)—

(a)

in sub-paragraph (1) of paragraph 2, for “Article 3(b)”, substitute “ Article 3(1)(e) ”;

(b)

in paragraph 3—

(i)

in sub-paragraph (1), for “Article 6(1) first paragraph and Article 6(3) and (4)”, substitute “ Articles 8(1) to (3) and 9(3) ”;

(ii)

for sub-paragraph (2), substitute—

“(2)
But when interpreting the WEEE Directive for the purposes of this paragraph, ignore the following words in Article 9(3)—
(a)
“or the registration referred to in paragraphs 1 and 2”; and
(b)
“and for the achievement of the recovery targets set out in Article 11”.”.

Annotations

Marginal citations

M1: S.I. 2010/675, amended by S.I. 2011/988; there are other amending instruments but none is relevant.
M2: The definition of “the Waste Framework Directive” in regulation 3 was substituted by S.I. 2011/988.
M3: OJ No L 353, 31.12.2008, p.1, as last amended by Commission Regulation (EU) No 1297/2014 (OJ No L 350, 6.12.2014, p.1).